Green v. Klassen et al., 2016 MBCA 22

• Judge: Chartier, C.J.M., Monnin and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 12, 2016
• Jurisdiction: Manitoba
• Citations: 2016 MBCA 22;(2016), 326 Man.R.(2d) 140 (CA)

Green v. Klassen (2016), 326 Man.R.(2d) 140 (CA);

      664 W.A.C. 140

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. FE.034

Martin Green (plaintiff/appellant) v. J.R. Klassen, Jim Dao, Jason St. Pierre, Richard Grandmaison, Wesley Walter Olsen, The Attorney General of Canada and The Government of Manitoba (defendants/respondents)

(AI 15-30-08473; 2016 MBCA 22)

Indexed As: Green v. Klassen et al.

Manitoba Court of Appeal

Chartier, C.J.M., Monnin and Burnett, JJ.A.

February 12, 2016.

Summary:

The plaintiff was arrested twice by police in front of a lodge, where the plaintiff was stopping traffic coming in and out of the lodge, yelling and handing out pamphlets. The plaintiff ran up to one of the officers, yelling and cursing, and pushed his face onto the officer's face. The plaintiff was charged with assaulting a peace officer and creating a disturbance. The Crown decided not to proceed with the charges. The plaintiff sued several RCMP officers and the Attorney General of Canada, seeking damages for illegal arrest and false imprisonment. The defendants sought summary judgment to dismiss the action.

The Manitoba Court of Queen's Bench, in a decision reported at (2015), 320 Man.R.(2d) 23, granted the motion. The plaintiff appealed.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 751

Sexual offences, public morals and disorderly conduct - Disorderly conduct - Causing a public disturbance - The plaintiff was arrested twice by police in front of a lodge, where the plaintiff was stopping traffic coming in and out of the lodge, yelling and handing out pamphlets - The plaintiff ran up to one of the officers, yelling and cursing, and pushed his face onto the officer's face - The plaintiff was charged with assaulting a peace officer and creating a disturbance - The Crown decided not to proceed with the charges - The plaintiff sued several RCMP officers and the Attorney General of Canada, seeking damages for illegal arrest and false imprisonment - The defendants sought summary judgment to dismiss the action - The motion judge granted the motion - Both the subjective and objective elements required for reasonable grounds for arrest without a warrant were made out - Even if the plaintiff's face had not touched the officer's, the officer had subjective and objective grounds to believe that the plaintiff was threatening to apply force to him and could do so - Similarly, there were reasonable grounds to arrest the plaintiff for causing a disturbance - These included blocking traffic, yelling at people and refusing to identify himself to police - The officers' actions were not motivated by malice towards the plaintiff or to stop the plaintiff's picketing - There was no genuine issue for trial - The plaintiff appealed - The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 1414

Offences against person and reputation - Assaults - Assault of a peace officer - [See Criminal Law - Topic 751 ].

Criminal Law - Topic 3212

Compelling appearance, detention and release - Arrest - Arrest without warrant - [See Criminal Law - Topic 751 ].

Police - Topic 3063

Powers - Arrest and detention - Without warrant - Reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Police - Topic 5047

Actions against police - For false arrest - Defence of reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Police - Topic 5073

Actions against police - For false imprisonment - Defence of reasonable and probable grounds - [See Criminal Law - Topic 751 ].

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - [See Criminal Law - Topic 751 ].

Cases Noticed:

Towers Ltd. v. Quinton's Cleaners Ltd. et al. (2009), 245 Man.R.(2d) 70; 466 W.A.C. 70; 2009 MBCA 81, refd to. [para. 3].

Counsel:

M. Green, on his own behalf;

S.D. Farlinger and A.M. Menticoglou, for the respondents.

This appeal was heard on February 12, 2016, before Chartier, C.J.M., Monnin and Burnett, JJ.A., of the Manitoba Court of Appeal. The following judgment of the Court of Appeal was delivered by Chartier, C.J.M., on the same date.